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Practice Of Real EstateFair_housingHARD

A Minnesota MDHR investigation finds probable cause in a fair housing case. The respondent refuses to conciliate. The complainant must now choose a forum for adjudication. Under the Minnesota Human Rights Act, which of the following accurately describes the complainant's forum options at this stage?

Correct Answer

D) The complainant may elect to have the case heard by the Office of Administrative Hearings or may choose to file a civil action in Minnesota district court

Under Minn. Stat. § 363A.33, after a probable cause finding and failed conciliation, the complainant has the right to elect the forum for adjudication. The complainant may choose to have the case heard before the Office of Administrative Hearings (OAH), which is an administrative tribunal, or may elect to pursue a civil action in Minnesota district court. This election-of-forum right is a key procedural feature of the Minnesota Human Rights Act enforcement process.

Answer Options
A
The case must proceed exclusively before the Office of Administrative Hearings; no court option is available once the MDHR has found probable cause
B
The complainant must obtain permission from the MDHR Commissioner before filing in district court
C
The case is automatically transferred to federal district court because federal fair housing law governs the forum selection
D
The complainant may elect to have the case heard by the Office of Administrative Hearings or may choose to file a civil action in Minnesota district court

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Related Topics & Key Terms

Key Terms:

forum_electionoffice_of_administrative_hearingsdistrict_courtprobable_causeconciliation_failure

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